Supreme Court of India · 2013-09-30
MARUTI RAGHUNATH KADAM (D) BY LRS. vs CHEILARAM JETHANAND MADHRANI .
- Citation / case number
- SC 2006/3538
- Court
- Supreme Court of India
- Petitioner
- MARUTI RAGHUNATH KADAM (D) BY LRS.
- Respondent
- CHEILARAM JETHANAND MADHRANI .
- Author
- CHELAMESWAR H.L. GOKHALE
- Bench
- J. CHELAMESWAR H.L. GOKHALE
Judgment text excerpt
The Supreme Court held that the proceedings for obstruction in execution of a decree for eviction can be maintained in the Court of Small Causes, overturning the High Court's view to the contrary. The Court referenced its earlier decision in Prabhudas Damodar Kotecha & Ors. Vs. Manhabala Jeram Damodar & Anr., which established that such proceedings are permissible. Consequently, the appeal was allowed, and the High Court's judgment was set aside, affirming the appellants' possession of the suit premises.